OK, I was moderated the last time I was not specific, so I will...

OK, I was moderated the last time I was not specific, so I will make this post VERY specific this time. This instance highlights my (and TAC) concerns about Black Range and how they have no regard for the conditions of the Conditional User Permit they are operating under. There was a simple solution for Black Range to stay compliant - while they were resolving issues with water, they could have purchased water in Canon and trucked it in or delayed drilling until it was resolved. Instead, it appears that they willfully decided to violate the CUP. It will be interesting to see if the County Commissioners have the backbone to take any action for this violation. Details are below:

On April 27, 2011, Black Range notified the Fremont County Planning and Zoning Department of their intention to commence drilling operations in the Hansen Ore Body located at South T Bar Ranch effective May 2, 2011. In that letter, Black Range acknowledged that their request for an Administrative Exchange to draw water from the local creeks (and specifically by application to the State to draw water from Fear Creek) in support of this drilling operation was not approved. Alternatively, Black Range announced, in the same letter, their intention to draw water directly from the Arkansas River under an "active lease" that it claimed it has possessed for the duration of the CUP.

Based on those representations, TAC representatives contacted the Office of the State Engineer and learned that:

1. The State had not approved the request of Black Range to draw water from Fear Creek under an administrative exchange arrangement (as Black Range acknowledged in their letter of April 27, 2011; and
2. Black Range has no current approval to draw water directly from the Arkansas River; and
3. Any permission to draw water directly from the Arkansas River would have to have the separate approval of the Office of the State Engineer and the water commissioner.

The CUP specifically requires that Black Range have a legal source of water document on file prior to commencing any operations.

On May 5, 2011, a formal complaint was filed with the Department of Planning and Zoning because drilling operations had commenced without the requisite documentation of a legal water source. We assumed, based on Black Range's letter of April 27, 2011, that they were drawing water from the Arkansas River without proper authority. As a result, on May 6, 2011, we contacted Brian Sutton, the water commissioner, to inquire about the authority of Black Range to do that. Mr. Sutton informed us that he went to Fear Creek on May 5, 2011, to measure the flow levels and upon his arrival he noted that one of Black Range's water tankers had just completed filling from Fear Creek. Mr Sutton said that he verbally admonished the Black Range personnel on site at Fear Creek on May 5 and documented that admonition in writing in a letter to Black Range's lawyers on May 6, 2011. You can verify that independently by contacting Mr. Sutton at 719 269-2800.

Black Range cannot claim that they did not understand that they did not have the right to draw water from local creeks when they did so on May 5, 2011. They acknowledged to the County that they were aware they had no such right in their letter of April 27, 2011

Question: If Black Range cannot follow the simple conditions of the exploration CUP (as it appears they have not), how can they be trusted on the more important issues?